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Home My WebLink AboutMINUTES - 03282000 - C9 r V TO: BOARD OF SUPERVISORS,AS TIME GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: March 28, 2000 SUBJECT: FREEDOM HIGH SCHOOL GRANT DEED OF DEVELOPMENT RIGHTS, OAKLEY AREA Work Order No: 8712 SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION L Recommended Action: ACCEPT Grant Deed of Development Rights Executed on February 29, 2000, from Liberty Union High School District, and DIRECT the Real Property Division to have the above referenced Grant Deed of Development Rights recorded in the office of the County Recorder. II. Financial Impact: _ The Grant Deed of Development Rights ensures that future drainage area fees will be paid when the property develops. There is no immediate financial impact. &AF Continued on Attachment: X SIGNATURE: RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON MARCH 28� 2000 APPROVED AS RECOMMENDED 7 OTHER I hereby certify that this is a true and correct VOTE OF SUPERVISORS copy of an action taken and entered on the minutes of X UNANIMOUS(ABSENT NONE ) the Board of Supervisors on the date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: MARCH 28, 2000 \\PWS4\SHARDATA\ftData\FldCtl\Administradon\Board Ordm\2000 B0\B0GrentDccd-FHS.doc Orig.Div: Public Works Flood Control PHIL BATCHELOR, Clerk of the Board Contaet: Neil Leary(313-2278) CAG of Supervisors and County Administrator County Counsel PW Accounting By G , Deputy Oakley area ITJC'P: Freedom High Schaal Grant Deed of Development Rights ` DATE: March 28, 2000 PAGE 2 III. Reasons for Recommendations and Background: Accepting the Grant Deed of Development Rights will secure future drainage area fees. IV. Consequences of Negative Action: Failure to accept the grant deed may result in lost fee revenue. RecordkV Requested BY.. IIII III III 11111 IN 111111 IIII I IIII I IIII I 11111111 CONTRA COSTA Cc Recorder Office Return to., l STEPHEN L. WEIR,cClerk-Recorder DOC— 2`000 -006 —00 W, AFAR 05, 2000 08:20:07 FRE $0.00 Tt 1 Ind $0.00 !br-0800859 !0 IreDocument Title(s) arc' PIT— r` - r r � ..� nl�l jRecorded at the request of: (SDT�01 O �I Cc Reoortlu Ofiflet "1rOhITRA COSTA COUNTY �, {SIR Cl��k-R�a°der Mood contra and Water Conservation DistrictC-- 6-006783— � Return to: M 20, 3rd t�:tl M Flood Control Engineering,Attn.: Neil Leery "•0'Public Works Department, Flood Control Engineersr:� �.� ��Ire�� Project No.: Freedom nigh School(File.3030C 06) APN:QaJ&Kr M3 GRANT DEED OF DEVELOPMENT RIGHTS In order to secure full payment of the Drainage Area 30C fee, which Is now due and payable pursuant to Contra Carta County Mood Control and Water Conservation District Ordinance No.9857,for the real property shown as APN 034.0504003, (owner(s)) hereby grant(s), subject to the fallowing right of reversion, to the Contra Costa County Board of Supervisors as the governing Board of the Contra Costa County Flood Control and Water Conservation District,Grantee, and its governmental successor or successors,the future "development rights.6 as dellined below over a portion of that real property known as APN 034-05"03 situated In the City of Oakley, County of Contra Costa, State of Califomia, and more particularly described In Exhibit A (hereinafter referred to as the "Restricted Development Area"). "Development rights"are defined to mean and refer to the right to approve or disapprove of any proposed construction, development or improvement within the "Restricted Development Area." The "development rights" are and shall be a form of negative easement which shall run with the said property and shall bind the current owner and any future owners of all or any portion of the said Restricted Development Area unless and until the reversionary condition deecxibed below(being payment of Drainage Area 30C fees for the Restricted Development Area )has occurred. Any owner or owners of all or any portion of the Restricted Development Area desiring to develop any improvement requiring the approval of Grantee or its govemmental successor herein shall submit to such entity a written proposal describing the nature, extent, and location of such Improvement Grantee or its governmental successor may condition its approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee may deem appropriate until such time as the reversionary condition described below occurs. PAGE-1- 082'783 REVERSIONARY CONDITION Notwithstanding all the foregoing, upon the payment In full of all Drainage Area 30C fees for the Restricted Development Area that are due at the time of such payment and at the current rate when payment is made, all rights, privileges,title and Interest granted above shall automatically revert to the undersigned owner of the Restricted Development Area, or the successor(s)In Interest of such owner.By recording this instrument. Grantee agrees that upon payment being made,Grantee,or Its suc essor(s), shall thereupon record a full reconveyance to sold owner,or Its su r(s)of all rights, privileges,s, titles and Interest created by this instrument or arising hereunder. [OwnerlGrantoes Name] Contra Costa County LA-Wieri W ii,-mi 14)eil i , k,-,-,l IDLs*..w.{ Board of Supervisors ''�� t By. ,��- By: za., Daniel M. Smith, Superintendent Board Ch (r) Pursuant to Board Resolution oo- ACKNOWLEDGMENT State of Caltfomia } }ss County of Contra Costa } On _Fe6• .19, 2000 before me, Notary Public in and for the State of California, personally appeared baniei '4- sr"J + known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)islare subscribed to the within Instrument and acknowledge to me that helsheeAhey executed the same in his/her/their authorized capacckyy(ies),and that by his/her/their signature(m)on the Instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. J-S+ria�1� r."L Now& (Signature] ease•+ ,�,O„rMaa PAGE-2- 092783 EXHIBIT A cmOUAM DON: THE; LAND MMaW M HEREIN IS 07WED IN "SHE CITY OF OAK m, CJO<ArT y OF CONTRA COMA, CALIFORNIA, BEING A PORTION OF THE SL1UTfWEA.ST q.LAZIER OF SECTION 35, TOWNSHIP 2 NORM, RANGE 2 EAST, MOCW DIABLO MERIDIAN, DESCRIBED AS FOLLOWS* COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTICN 35; T*NCE ALONG THE FAST LINE OF SAID SECTION 35 NORTH 00002'05" FAST 945.08 FEET TO A POINT; THENCE LEAVING SAID EAST LINE, NOS{ 8957155" WEST 55.00 FEET TO THE POINT OF BEGINNING F'OR THIS DESCRIPTION; "SCE FROM SAID POINT OF BEGINNING NORTH 89057155-1 WFSP 386.00 FEW; TKWCE NORM 00005'53" EAST 340.73 FEET TO THE SOUTH In& OF THE LANDS DESCRIBED IN THE DEED TO E XUN L. O'HARA REO MED JULY 21, 1921 IN BOOS{ 395 OF OMCT.AL PMOOFMS AT PAGE 367 COW= COSTA COUNTY ; UUNCE ALONG SAID SOUIH LINE (395-OR-367) NORTH 89058'01" EAST 385.62 FEET; THENCE ALONG A LINE PARALLEL M AND 55.00 FEET WEST OF SAID EAST LINE OF SECTION 35 SOUTH 00002'05" WEST 341.17 FEET TO THE Pone OF BErINNim. CONTAINING 3.02 ACRES MORE OFF LESS. �+6of ESSIlong QM �1 No.21,a56 ^� 082" 83 ' ----fir■ i' ' POINT QE T EAST UNE, SECTION 35 S.E. CORNER. SECTION 35 T2N, R2E 589 7► "E WHARA AVENUE 55 0' S00'02'05"W 945.08 �. SOO'O2'05"W13 341.1 Y POINT OF 110 I z I at BEGINNING 1% RESTRICTED �� I +g DEVELOPMENT Ij cx, AREA" (qn r*i z o �_.., 40.`71� .� I N00'05"53"E Q �- 0LANDS OF z I � s too-,% LIB FR TY UNION z_ owHIGH SCHOOL DISTRI(,--. f cc1 14766-OR-277 W INET. 88-229368 H I � I PR ED UNDER TIME DIRECTION OF: k 21 858 rf � Exp.9.30 I N A. WOLLMAN RCE 21556 EXPIRES as C as EXHIBIT (PLAT) :. WOOass+ Tss, UFO.